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Employee classification affects your rights & pay

Your employee classification - whether you are exempt, non-exempt, or considered an independent contractor - affects what rights and benefits you are entitled to under the law. Employee misclassification is a serious problem. Whether employers intentionally or mistakenly misclassify employees, those employees may be entitled to back-wages and other benefits under the law.

At Girard Gibbs LLP, our employment attorneys represent misclassified workers to get them the compensation and rights they deserve.

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Misclassifying employees as exempt

Federal law (FLSA) requires that non-exempt employees in the U.S. be paid at least the federal minimum wage and overtime pay for all hours worked over 40 hours a week. However, certain employees are "exempt" from these requirements.

Exempt employees are typically employed as executive, professional, administrative, and outside sales employees; however, job titles do not determine exempt status. To be considered exempt, employees must meet certain tests regarding their job duties under both federal and state employment law.

>> Learn more about California Exempt Employees

Misclassifying employees as independent contractors

Employers sometimes incorrectly classify workers as "independent contractors" rather than "employees," which denies these workers of the rights employees are entitled under the Fair Labor Standards Act (FLSA) and California Labor Law.

>>Learn more about indepenent contractors

Are you misclassified?

Think your employer has misclassified you? Free and confidential consultations are available with our employment attorneys by calling (866) 981-4800 or by filling out the form to the right.

Why Girard Gibbs?

Girard Gibbs represents consumers, investors, whistleblowers, employees, and businesses in cases involving consumer protection, personal injury, securities, antitrust, employment litigation and arbitration. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.

Employment Attorneys
  • Eric
    Gibbs
    Eric Gibbs is a founding partner of Girard Gibbs LLP. MORE >
  • Dylan
    Hughes
    Dylan Hughes is a partner at Girard Gibbs and a member of the Employment Law Practice Group, and represents... MORE >
  • Matthew
    George
    Matthew B. George is a partner at Girard Gibbs LLP and a member of the Employment Law Practice Group. MORE >
  • Linh
    Vuong
    Linh Vuong was a spring 2012 extern and post-bar volunteer law clerk for the Honorable Saundra Brown... MORE >
  • Scott
    Grzenczyk
    Scott Grzenczyk is an associate at Girard Gibbs representing employees who have had their rights violated by... MORE >
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